Section 426.410 – Defining the power and authority of assignees.
Effective – 28 Aug 1939 426.410. Defining the power and authority of assignees. — Every assignee under the general assignment law of this state is hereby declared to be a trustee for the benefit of the creditors of his assignor. Any such assignee shall have the power and authority to prosecute such actions for property […]
Section 426.330 – Assignee shall exhibit condition of assets, when.
Effective – 28 Aug 1939 426.330. Assignee shall exhibit condition of assets, when. — Every assignee, upon the reasonable request of any person entitled to any demand allowed, or of his agent, shall exhibit to such person or agent the condition of the assets of the assignment, and give him all reasonable information concerning the […]
Section 426.340 – Failure to exhibit condition of assets — citation of assignee.
Effective – 28 Aug 1939 426.340. Failure to exhibit condition of assets — citation of assignee. — Upon petition in behalf of any such person to the circuit court in whose clerk’s office the inventory is filed, showing good cause therefor, verified by affidavit, such court shall cause any assignee to be cited to appear […]
Section 426.350 – Assignee may apply for discharge, when and how.
Effective – 28 Aug 1939 426.350. Assignee may apply for discharge, when and how. — When any assignee becomes satisfied that it is no longer advantageous to the creditors of his assignor to keep the assignment open, he may apply to the circuit court in whose clerk’s office the inventory is filed for a discharge […]
Section 426.360 – Application referred to commissioner, when — proceedings.
Effective – 28 Aug 1939 426.360. Application referred to commissioner, when — proceedings. — If no person interested shall, within one week after the filing of such petition, file written objections to such discharge, accompanied by specified reasons, the court shall refer the application to the commissioners of the court, or one appointed for the […]
Section 426.210 – Decisions of assignee final, unless appeal asked for — appeal to circuit court.
Effective – 28 Aug 1939 426.210. Decisions of assignee final, unless appeal asked for — appeal to circuit court. — The decision of the assignee in relation to all claims presented to him for allowance shall be final, unless a creditor or some other person interested shall, after a decision is made on any such […]
Section 426.370 – If objections made, court to determine same, when and how.
Effective – 28 Aug 1939 426.370. If objections made, court to determine same, when and how. — If objections be made as aforesaid, to such application, the court shall cause the same to be considered, and shall determine the same, as provided for by rules of the court or special orders made therein. ——– (RSMo […]
Section 426.220 – Appeals, how taken — affidavit and bond for.
Effective – 02 Jan 1979 426.220. Appeals, how taken — affidavit and bond for. — All appeals allowed by virtue of section 426.210 shall be taken and made by the appellant, or someone for him, making and filing an affidavit that the appeal is not taken for vexation or delay, but because affiant believes that […]
Section 426.380 – Appeals, how taken.
Effective – 28 Aug 1949 426.380. Appeals, how taken. — In any proceeding under this chapter, appeals may be taken from the judgment of the court in the same manner as appeals are now allowed by law from judgments of circuit courts in this state. ——– (RSMo 1939 § 5776, A. 1949 S.B. 1118) Prior […]
Section 426.230 – Proceedings in circuit court upon appeal.
Effective – 02 Jan 1979 426.230. Proceedings in circuit court upon appeal. — Upon such appeal being allowed and certified, as in section 426.220 is required, the court shall become possessed of the case, and shall proceed to hear and determine the same, in the same manner as if such case was pending before a […]